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ROSS v. PUGH

No. 22118.

277 S.W.2d 688 (1955)

Jennie ROSS, Appellant, v. Lois PUGH, Executrix of the Estate of Edward E. Pugh, Deceased, Respondent.

Kansas City Court of Appeals. Missouri.

February 7, 1955.

Attorney(s) appearing for the Case

Blackford & Compton, J. William Blackford, Charles N. Compton, Kansas City, for appellant.

Popham, Thompson, Popham, Mandell, Trusty & Green, Kansas City, for respondent.

SPERRY, Commissioner.

Plaintiff sued Edward Pugh for damages growing out of an alleged assault and battery. Before the cause was tried defendant was killed in an automobile accident. Upon motion of the executrix the action was dismissed with prejudice, on the ground that it abated upon defendant's death, and that Section 537.030 RSMo 1949, V.A.M.S., for bade its revival. Plaintiff has appealed.

Sections 537.010...

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